Perky Platform Terms of Use

These terms govern your access to and use of:

• the Perky mobile application, available from the Apple App Store and Google Play (the App);
• the Perky Employer Hub, the web-based administration portal available at app.perkybenefits.co.uk (the Employer Hub); and
• the content, features, tools and services we make available through the App and the Employer Hub (the Services),

together, the Platform.

These terms are in three parts. Part A applies to everyone who uses the Platform. Part B applies to you if you use the App as an employee or other individual authorised by your employer (an Employee User). Part C applies to you if you use the Employer Hub as an administrator on behalf of an employer (a Hub Administrator). If you use both, both Parts B and C apply to you in the relevant capacity.

The following documents also form part of your relationship with us and the providers of your benefits. Where they apply, they take priority over these terms for the matters they cover:

• our Privacy Notice (available at www.perkybenefits.co.uk/privacy/platform), which explains how personal data is handled on the Platform;
• the Perky Salary Sacrifice and Salary Deduction Order Terms (the Order Terms), which apply whenever you request a product or service through a salary sacrifice or salary deduction scheme in the App;
• the Gift Card Terms for the Perky App (the Gift Card Terms) and the Gift Card Refund Policy for the Perky App (the Gift Card Refund Policy), which apply whenever you buy a discounted eGift card in the App. Discounted eGift cards are supplied by Tendr Limited, not by us, and those documents form your contract with Tendr Limited;
• the terms, scheme rules, cardholder agreements and privacy notices of any third-party provider whose benefit, product or service you use through the Platform (Provider Terms), which you may be asked to accept before using that benefit; and
• the terms and policies of the Apple App Store or Google Play (App Store Terms), which apply to your download and use of the App and take priority over these terms where the two differ.

Nothing on the Platform is financial, tax, legal, employment, pensions, insurance, medical or other professional advice, and nothing on the Platform is a personal recommendation. Salary sacrifice arrangements can affect your tax position, your pension contributions, your entitlement to statutory payments and benefits, and how lenders assess your income. Any savings figures shown are illustrative only and depend on your circumstances, your salary, your tax code, the benefit selected and the law in force at the time. You should take your own advice before acting on anything shown on the Platform.

We are not authorised or regulated by the Financial Conduct Authority. We do not arrange, advise on or sell insurance or pension products.

You may use the Platform only if:

• you are at least 18 years old;
• you have been authorised by your employer (or by the organisation that has engaged us) to use it, and that authorisation has not been withdrawn; and
• you accept these terms.

Your employer may set additional eligibility conditions for particular benefits, for example a minimum period of employment. Salary sacrifice schemes are limited by law to employees, and by our scheme rules to direct employees who are UK tax resident.

To use the Platform you must register for an account using the details your employer has provided to us, or by following the registration steps in the App or the Employer Hub. You agree to provide accurate and complete information and to keep it up to date.

Your login details are personal to you. You must keep them secure, must not share them with anyone else, and must not allow anyone else to use your account. Tell us immediately at support@perkybenefits.co.uk if you think someone else knows your login details or has accessed your account. You are responsible for activity on your account until you tell us, unless the activity results from a failure by us or our technology provider to keep the Platform secure, or you could not reasonably have known that someone else was using your account.

Where the Platform offers multi-factor authentication, biometric login or a PIN, we recommend that you use it. Biometric authentication is handled by your device’s operating system; we do not receive or store your biometric data.

In return for your agreement to these terms, we grant you a personal, non-exclusive, non-transferable and revocable licence to access and use the Platform for the purpose for which your employer has made it available to you. In the case of the App, this means installing and using it on mobile devices that you own or control. In the case of the Employer Hub, this means accessing it through a supported web browser on behalf of your employer.

You may not transfer your right to use the Platform to anyone else. If you sell or give away a device on which the App is installed, delete the App and sign out first.

You must not:

• use the Platform in any way that is unlawful, fraudulent or malicious, or that breaches these terms or any Provider Terms;
• misrepresent your identity or eligibility, or attempt to access benefits, orders or information belonging to another user;
• copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Platform, or create derivative works from it;
• rent, lease, sub-license, sell or otherwise make the Platform available to any third party;
• use any automated means to scrape, harvest or extract data from the Platform;
• introduce viruses or other malicious code, or attempt to gain unauthorised access to the Platform, our systems or those of our Providers;
• use the Platform in a way that could damage, disable, overburden or impair it or interfere with anyone else’s use of it;
• use the Platform for any commercial purpose other than the purpose for which your employer has made it available, including reselling gift cards, benefits or discounts;
• remove, block or obscure any notice, disclaimer or confirmation prompt on the Platform; or
• infringe our intellectual property rights or those of anyone else.

Where the Platform includes social, recognition or messaging features (for example Workplace or Reward and Recognition), anything you post must be lawful, accurate, respectful and appropriate for a workplace. You must not post anything that is defamatory, discriminatory, obscene, threatening, misleading, or that infringes someone else’s rights or discloses their personal data without permission.

You retain ownership of what you post, but you grant us and your employer a non-exclusive, royalty-free licence to store, display and share it within the Platform for the purpose of operating those features. Content you post may be visible to your employer and to other users in your organisation. We and your employer may remove content that breaches these terms without notice.

All intellectual property rights in the Platform, including its software, design, text, graphics and data, belong to us or our licensors (including Tendr Limited). The Platform is licensed to you, not sold. Apart from the licence in these terms, you acquire no rights in the Platform.

The Perky name and logo are our trade marks. Your employer’s name and branding, where they appear in the Platform, belong to your employer. Provider names and logos belong to the relevant Providers.

We aim to keep the Platform available at all times, but we do not guarantee that it will be uninterrupted or error-free. The Platform depends on third-party technology, hosting, payment and Provider systems that we do not control. We may suspend or restrict the Platform to carry out maintenance, to deal with security issues, or where required by law or by a Provider. Where practicable, we will give you notice through the App or the Employer Hub.

We may update the Platform from time to time to improve performance, add or remove features, reflect changes in the law or in Provider requirements, or address security issues. Some updates may be installed automatically. If you do not install an update, you may not be able to continue using some or all of the Platform.

We and your employer may add, change, suspend or withdraw benefits, Providers, retailers and features at any time, including where a Provider withdraws or changes its service or where continued provision would create legal, regulatory, tax, security or operational risk. Where a withdrawal affects an order you have already placed, the Order Terms or the Gift Card Terms (as applicable) explain what happens.

To use the App you need a compatible device running a supported version of iOS or Android and an internet connection. To use the Employer Hub you need a supported, up-to-date web browser. Some features, including gift card delivery and payment, may not work correctly if you access the Platform through a VPN, a proxy, or a device that has been jailbroken or rooted. You are responsible for any charges from your mobile network or internet provider.

Our Privacy Notice explains how personal data is collected, used and shared on the Platform, including the respective roles of us, your employer and our technology provider. In summary, your employer is the controller of the personal data used to run its schemes, including the data it provides to us about you and the details you enter in the App for those schemes (such as a delivery address for an order), and we and our technology provider process that data on its behalf; we act as controller of limited data for our own purposes, such as security and legal compliance; our technology provider, Tendr Limited, is the controller when it sells you a Gift Card or takes a payment from you, under its own privacy notice; and Providers are responsible for the personal data they process to deliver their own services under their own privacy notices.

We may suspend or end your access to the Platform, or to a particular benefit, if:

• you breach these terms in a serious way. If the breach can be put right, we will normally give you a reasonable opportunity to do so first;
• your employer tells us that you are no longer eligible, for example because you have left its employment;
• we reasonably suspect fraud, misuse, or unauthorised access involving your account;
• you behave in a way that is abusive or threatening towards our staff or those of our Providers, or you make repeated complaints, refund requests or payment disputes that are not made in good faith;
• we are required to do so by law, by a court, or by a Provider; or
• the Employer Agreement with your employer ends.

If your access ends, you must stop using the Platform and delete the App from your devices. Ending your access does not affect any order that has already been fulfilled, any gift card that has already been supplied to you, or any arrangement between you and your employer. Before you leave your employer, save or use any gift cards and codes you hold in the App, because you will lose access to them when your account is closed. Gift cards are not emailed to you. If you lose access before you have done so, contact us at support@perkybenefits.co.uk within 12 months of your account closing; once we have verified your identity in a proportionate way, we will ask Tendr Limited to re-send the link to any gift card it can retrieve from its records. If you think we have ended your access wrongly, contact us at support@perkybenefits.co.uk and we will review the decision.

You can stop using the Platform at any time by deleting the App and asking your employer to remove your access.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to any digital content we supply to you, including the right to receive digital content that is as described, fit for purpose and of satisfactory quality.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. We will not be liable for damage that you could have avoided by following our advice to apply a free update, or that was caused by your failure to follow installation instructions or to meet the minimum requirements we have advised.

We are not responsible for Providers’ products or services. Where a benefit, product or service is provided by a Provider under its own terms, or is purchased by your employer, the Provider or your employer (as the case may be) is responsible for it, and we are not liable for the Provider’s acts or omissions, for its products or services, or for it ceasing to provide them. This does not affect any responsibility we have expressly accepted in the Salary Sacrifice and Salary Deduction Order Terms.

We are not liable for business losses. The Platform is for domestic and private use by Employee Users. If you use it for any commercial or business purpose we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Information and illustrations. We take reasonable care that information on the Platform is accurate and up to date, and we will investigate and correct any error you report. Savings figures are illustrations on the assumptions stated next to them and may differ from your actual payroll outcome; we do not guarantee any particular tax or National Insurance outcome, and we are not responsible for information provided by Providers or your employer. Nothing in this paragraph excludes our responsibility for our own misleading statements.

Nothing in these terms affects your statutory rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

We may change these terms from time to time, for example to reflect changes in the law, in the Platform, in our Providers, or in how we operate. Where a change is material, we will give you reasonable notice through the App, the Employer Hub or by email before it takes effect, and we may ask you to accept the new terms before you continue using the Platform. If you do not agree to a change, you should stop using the Platform. The version of these terms in force at the time you use the Platform is the one that applies.

If you have a problem with the Platform or a benefit, please contact us first at support@perkybenefits.co.uk with a description of the problem and any relevant reference numbers, screenshots or dates. We will acknowledge your complaint within one Business Day and do our best to resolve it promptly. Where the issue relates to a Provider’s product or service, we will tell you and, where we can, help you raise it with the Provider.

We do not currently participate in an alternative dispute resolution scheme. If we are unable to resolve your complaint, we will tell you, and you may bring a claim in court as set out below.

These terms are governed by English law. You can bring legal proceedings in respect of the Platform in the courts of England and Wales. If you live in Scotland you can also bring proceedings in Scotland, and if you live in Northern Ireland you can also bring proceedings in Northern Ireland. If you use the Employer Hub on behalf of your employer, the courts of England and Wales have exclusive jurisdiction in relation to that use.

Transfer of these terms. We may transfer our rights and obligations under these terms to another organisation, for example if we sell or restructure our business. We will tell you if this happens and will ensure that the transfer does not reduce your rights.

Third-party rights. Tendr Limited may enforce the sections of these terms headed “Your licence to use the Platform”, “What you must not do” and “Intellectual property” to protect its technology and intellectual property. Otherwise, no one other than you and us has any right to enforce these terms. We may change or end these terms without the consent of Tendr Limited or anyone else.

If a court finds part of these terms unenforceable, the rest will continue in force.

If we delay in enforcing these terms, we can still enforce them later.

Meaning of Business Day. A Business Day is a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Salary sacrifice and salary deduction schemes. When you request a product or service under a salary sacrifice or salary deduction scheme, the Order Terms apply. In summary: your request is not a purchase by you; if your employer approves it, your employer buys the product from our technology provider, Tendr Limited, and provides it to you under a separate arrangement between you and your employer to which we are not a party; and your employer, not us, applies any reduction or deduction to your pay.

Discounted gift cards. When you buy a discounted eGift card, the Gift Card Terms and Gift Card Refund Policy apply. Gift cards are supplied by Tendr Limited and are digital content; and the price for each payment method is shown before you choose it; once a gift card has been delivered to you, you cannot cancel the purchase or change your mind, although your legal rights if the gift card is faulty are unaffected. You will be asked to confirm this before each purchase.

Health and wellbeing benefits. Services such as virtual GP, employee assistance, physiotherapy and similar benefits are provided by the relevant Provider through its own systems and under its own terms and privacy notice. We do not see or hold any information about your use of those services or any health information about you.

Flex Pots, allowances and recognition credit. Where your employer funds an allowance, Flex Pot or recognition credit for you, it belongs to your employer until you spend it, can only be used as your employer’s rules permit, and may be withdrawn or expire in accordance with those rules, including when you leave. Refunds of purchases made with those funds are credited back to the relevant balance rather than paid to you in cash. Anything you obtain using those funds may be a taxable benefit; your employer deals with that through its payroll, and an unspent balance that is returned to your employer is not treated as paid to you.

Other Provider benefits. Where you use any other benefit provided by a Provider (for example cinema tickets, payroll giving, season ticket loans or electric vehicle schemes), the relevant Provider Terms apply and you may be asked to accept them before you proceed. Reloadable store cards and discounted prepaid cards bought through the App are sold by Tendr Limited under the Gift Card Terms and the issuer’s own cardholder terms.

Your employer may offer a Flex Mastercard or another card-based benefit: a business payment card, issued by Stripe Payments UK Limited (Stripe), that your employer loads with an allowance for you to spend as its rules permit. The card is issued to your employer as the accountholder on Stripe’s platform; the money on the card belongs to your employer until you spend it, and you use the card as an authorised user. Before using the card you must accept Stripe’s Authorised User Terms, which govern the card itself, and Stripe may suspend or cancel a card in accordance with those terms. We and our technology provider administer the benefit on your employer’s behalf; we are not the card issuer and do not hold the funds.

If you choose to participate, the following applies to the charges for administering your participation, which are made by our technology provider, Tendr Limited, and not by us:

• an annual participation fee of £24.00 including VAT (the Participation Fee) is payable by you for each 12-month period of participation, and the card will not be activated until the Participation Fee has been paid. The Participation Fee is Tendr Limited’s charge for administering your participation for the year; it is not a charge by Stripe and is separate from any fees Stripe charges your employer. It is shown in the App, inclusive of any VAT, before you choose to participate;
• you will be issued with a virtual card by default. If you request a physical card, a fee of £5.50 including VAT (the Physical Card Fee) is payable before the card is ordered;
• the Participation Fee and Physical Card Fee are charged and collected by Tendr Limited, and your contract for participation is with Tendr Limited. We are your first point of contact about it;
• you have the right to cancel your participation within 14 days of the day after you pay the Participation Fee, for any reason. To cancel, email support@perkybenefits.co.uk (you may use the model cancellation form at the end of these terms, but you do not have to). Tendr Limited will refund the Participation Fee in full within 14 days of your cancellation, using the method you paid with, even if you asked us to activate your card straight away. The Physical Card Fee cannot be refunded once the physical card has been ordered, because the card is personalised to you;
• after the 14-day period, the Participation Fee is not refundable if you choose to stop participating, if you resign from your employer, or if your participation or card is suspended or cancelled because of your misuse or your breach of Stripe’s Authorised User Terms. If your participation ends for any other reason before the end of the 12-month period (for example because your employment ends other than by your resignation, your employer withdraws the benefit, our agreement with your employer ends, or Stripe cancels the card or closes your employer’s account for reasons not attributable to you), Tendr Limited will refund the part of the Participation Fee that relates to the unexpired period; and
• you must use the card only as your employer’s rules and Stripe’s Authorised User Terms permit. Your employer may require receipts, ask you to repay amounts spent on excluded items, and suspend your participation for misuse.

Issuing a card is subject to Stripe’s identity and screening checks and approval, which we cannot guarantee. If Stripe declines to issue your card, Tendr Limited will refund any Participation Fee and Physical Card Fee you have paid. Any allowance remaining on the card when your participation ends is your employer’s, and what happens to it is governed by your employer’s rules.

You do not pay us anything to use the App; your employer pays for the Platform. The participation fees described above are paid to Tendr Limited, not to us. Where you buy something in the App, the price and any charges will be shown clearly before you commit to the purchase. Payments made in the App are processed by our technology provider and its payment providers (currently Stripe and TrueLayer); the name that appears on your bank or card statement may be that of our technology provider rather than Perky.

We may contact you about your account, your orders and the operation of the Platform by email, push notification or in-app message. These are service messages, not marketing, and you cannot opt out of them while you use the Platform. You can manage push notifications through your device settings. Any marketing communications will be sent only where the law permits, and you can opt out at any time.

As a Hub Administrator you must:

• keep your login details secure, enable multi-factor authentication, and never share your account or allow anyone else to use it;
• tell us and the Client without delay, and in any event within 24 hours, if you suspect that your account has been compromised;
• access, use and disclose employee personal data only as necessary for your role, in accordance with the Client’s instructions, its policies and data protection law. The Client is the controller of that data and we process it on its behalf;
• before approving a salary sacrifice request, carry out the checks the Client is required to make under the Employer Agreement and the law, including a National Minimum Wage check, and satisfy yourself that the employee is eligible and that the scheme rules and the Client’s policies are met;
• ensure that information you enter into the Employer Hub (including employee eligibility, payroll cut-off dates and pay dates) is accurate and up to date;
• not remove, block or obscure any prompt, disclaimer or confirmation that we display to employees; and
• tell the Client to deactivate your account when you leave your role or no longer need access.

The Client is the first point of contact for its employees on eligibility, employment policy, payroll and internal HR matters. We provide support to the Client and its employees on Platform access, technical issues, orders, vouchers and fulfilment in accordance with the Employer Agreement. You can contact us at support@perkybenefits.co.uk. Please include the affected employee, module, order reference, screenshots, the time of the issue and the steps already taken.

We may suspend or remove your Hub Administrator access where the Client asks us to, where you breach these terms, or where we reasonably consider it necessary to protect the security of the Platform or employee data. We will tell the Client where we do so.

Your use of the Employer Hub is business use on behalf of the Client. Our liability in connection with the Employer Hub is governed by the Employer Agreement and is owed to the Client, not to you personally. Nothing in this section limits liability that cannot be limited by law.

Complete and return this form only if you wish to cancel your participation in a card-based benefit within 14 days of paying the Participation Fee.

To: Tendr Limited, Level 5a Maple House, 149 Tottenham Court Road, London W1T 7NF; support@jointendr.com (or via Perky at support@perkybenefits.co.uk)

I hereby give notice that I cancel my contract for participation in the following card-based benefit: ____________________

Paid on: ____________________

Name of consumer: ____________________

Address of consumer: ____________________

Signature of consumer (only if this form is notified on paper): ____________________

Date: ____________________